LAL BIHARI TRIPATHI AND 6 OTHERS v. State of UP AND ANOTHER
A482/31842/2024 · 2025-02-14
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98152 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21509 Court No. - 75 Case :- APPLICATION U/S 482 No. - 31842 of 2024 Applicant :- Lal Bihari Tripathi And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- Brajesh Kumar Singh,G.A.,Santosh Kumar Rao Hon'ble Sanjay Kumar Pachori,J. Sri Ravindra Kumar Dwivedi, learned counsel for the applicants, Sri Brajesh Kumar Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the material on record. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 8793 of 2024 (State Vs. Lal Bihari Tripathi and others), arising out of Case Crime No. 97 of 2023, under Sections 147, 148, 149, 323, 504, 427 of I.P.C., Police Station- Salempur, District- Deoria, as well as cognizance/ summoning order 11.7.2024, pending in the Court of Additional Civil Judge, (S.D.)/A.C.J.M., Court No. 15, Deoria.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the
Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused. The application stands disposed of with the aforesaid liberty.
Order Date :- 14.2.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad